355 S.W.3d 522
Mo. Ct. App.2011Background
- Officers observed Ellis urinating in public and planned to issue a summons for that offense.
- Ellis resisted arrest, was restrained, handcuffed, and placed in a patrol car.
- Backpack belonging to Ellis was confiscated and searched; two tablets later identified as MDMA (ecstasy) were found.
- Ellis moved to suppress the physical evidence, arguing the search violated the Fourth Amendment and was not within a valid exception.
- Trial court overruled the motion; Ellis was convicted of possession of a controlled substance, and sentenced to three years with probation after suspended execution.
- On appeal, the court addressed whether the backpack search was valid as a search incident to arrest and whether inevitable discovery/inventory search defenses applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the backpack search incident to arrest valid? | Ellis argues the search occurred after arrest and was not within a valid incident-to-arrest exception. | Ellis argues Gant controls and forecloses a search of personal effects once arrested and confined, or otherwise requires inventory-specific justification. | Search upheld under binding precedent; good-faith exception applies. |
| Whether inevitable discovery/inventory search doctrine required suppression | State must prove inevitable discovery if suppression is sought. | State did not meet inventory-search procedures for closed containers. | Question not reached; point denied because issue 1 resolved. |
Key Cases Cited
- United States v. Edwards, 415 U.S. 800 (U.S. 1974) (searches of personal effects incident to arrest)
- State v. Vitale, 795 S.W.2d 484 (Mo.App.1990) (jacket search; personal effects on arrestee)
- Greene v. State, 785 S.W.2d 574 (Mo.App.1990) (purse as part of search of person)
- McCabe v. State, 708 S.W.2d 288 (Mo.App.1986) (boots and paper; search incident to arrest)
- Rattler v. State, 639 S.W.2d 277 (Mo.App.1982) (purse; arrestee's possessions)
- Woods v. State, 637 S.W.2d 113 (Mo.App.1982) (purse; personal effects near arrestee)
- Gant, 556 U.S. 332 (U.S. 2009) (vehicle search incident to arrest; reaching distance rule)
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good-faith exception to the exclusionary rule)
- Davis v. United States, U.S. (U.S. 2011) (extension of good-faith reliance on binding precedent)